[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 408 Referred in Senate (RFS)]







105th CONGRESS
  1st Session
                                H. R. 408


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 1997

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
   To amend the Marine Mammal Protection Act of 1972 to support the 
  International Dolphin Conservation Program in the eastern tropical 
                 Pacific Ocean, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``International 
Dolphin Conservation Program Act''.
    (b) References to Marine Mammal Protection Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.).

SEC. 2. PURPOSE AND FINDINGS.

    (a) Purpose.--The purposes of this Act are--
            (1) to give effect to the Declaration of Panama, signed 
        October 4, 1995, by the Governments of Belize, Colombia, Costa 
        Rica, Ecuador, France, Honduras, Mexico, Panama, Spain, the 
        United States of America, Vanuatu, and Venezuela, including the 
        establishment of the International Dolphin Conservation 
        Program, relating to the protection of dolphins and other 
        species, and the conservation and management of tuna in the 
        eastern tropical Pacific Ocean;
            (2) to recognize that nations fishing for tuna in the 
        eastern tropical Pacific Ocean have achieved significant 
        reductions in dolphin mortality associated with that fishery; 
        and
            (3) to eliminate the ban on imports of tuna from those 
        nations that are in compliance with the International Dolphin 
        Conservation Program.
    (b) Findings.--The Congress finds the following:
            (1) The nations that fish for tuna in the eastern tropical 
        Pacific Ocean have achieved significant reductions in dolphin 
        mortalities associated with the purse seine fishery from 
        hundreds of thousands annually to fewer than 5,000 annually.
            (2) The provisions of the Marine Mammal Protection Act of 
        1972 that impose a ban on imports from nations that fish for 
        tuna in the eastern tropical Pacific Ocean have served as an 
        incentive to reduce dolphin mortalities.
            (3) Tuna canners and processors of the United States have 
        led the canning and processing industry in promoting a dolphin-
        safe tuna market.
            (4) 12 signatory nations to the Declaration of Panama, 
        including the United States, agreed under that Declaration to 
        require that the total annual dolphin mortality in the purse 
        seine fishery for yellowfin tuna in the eastern tropical 
        Pacific Ocean not exceed 5,000, with a commitment and objective 
        to progressively reduce dolphin mortality to a level 
        approaching zero through the setting of annual limits.

SEC. 3. DEFINITIONS.

    Section 3 (16 U.S.C. 1362) is amended by adding at the end the 
following new paragraphs:
            ``(28) The term `International Dolphin Conservation 
        Program' means the international program established by the 
        agreement signed in La Jolla, California, in June 1992, as 
        formalized, modified, and enhanced in accordance with the 
        Declaration of Panama, that requires--
                    ``(A) that the total annual dolphin mortality in 
                the purse seine fishery for yellowfin tuna in the 
                eastern tropical Pacific Ocean not exceed 5,000, with 
                the commitment and objective to progressively reduce 
                dolphin mortality to levels approaching zero through 
                the setting of annual limits;
                    ``(B) the establishment of a per-stock per-year 
                mortality limit for dolphins, for each year through the 
                year 2000, of between 0.2 percent and 0.1 percent of 
                the minimum population estimate;
                    ``(C) beginning with the year 2001, that the per-
                stock per-year mortality of dolphin not exceed 0.1 
                percent of the minimum population estimate;
                    ``(D) that if the mortality limit set forth in 
                subparagraph (A) is exceeded, all sets on dolphins 
                shall cease for the fishing year concerned;
                    ``(E) that if the mortality limit set forth in 
                subparagraph (B) or (C) is exceeded sets on such stock 
                and any mixed schools containing members of such stock 
                shall cease for that fishing year;
                    ``(F) in the case of subparagraph (B), to conduct a 
                scientific review and assessment in 1998 of progress 
                toward the year 2000 objective and consider 
                recommendations as appropriate; and
                    ``(G) in the case of subparagraph (C), to conduct a 
                scientific review and assessment regarding that stock 
                or those stocks and consider further recommendations;
                    ``(H) the establishment of a per-vessel maximum 
                annual dolphin mortality limit consistent with the 
                established per-year mortality caps; and
                    ``(I) the provision of a system of incentives to 
                vessel captains to continue to reduce dolphin 
                mortality, with the goal of eliminating dolphin 
                mortality.
            ``(29) The term `Declaration of Panama' means the 
        declaration signed in Panama City, Republic of Panama, on 
        October 4, 1995.''.

SEC. 4. AMENDMENTS TO TITLE I.

    (a) Authorization for Incidental Taking.--Section 101(a)(2) (16 
U.S.C. 1371(a)(2)) is amended as follows:
            (1) By inserting after the first sentence ``Such 
        authorizations may also be granted under title III with respect 
        to the yellowfin tuna fishery of the eastern tropical Pacific 
        Ocean, subject to regulations prescribed under that title by 
        the Secretary without regard to section 103.''.
            (2) By striking the semicolon in the second sentence and 
        all that follows through ``practicable''.
    (b) Documentary Evidence.--Section 101(a) (16 U.S.C. 1371(a)) is 
amended by striking so much of paragraph (2) as follows subparagraph 
(A) and as precedes subparagraph (C) and inserting:
                    ``(B) in the case of yellowfin tuna harvested with 
                purse seine nets in the eastern tropical Pacific Ocean, 
                and products therefrom, to be exported to the United 
                States, shall require that the government of the 
                exporting nation provide documentary evidence that--
                            ``(i) the tuna or products therefrom were 
                        not banned from importation under this 
                        paragraph before the effective date of the 
                        International Dolphin Conservation Program Act;
                            ``(ii) the tuna or products therefrom were 
                        harvested after the effective date of the 
                        International Dolphin Conservation Program Act 
                        by vessels of a nation which participates in 
                        the International Dolphin Conservation Program, 
                        such harvesting nation is either a member of 
                        the Inter-American Tropical Tuna Commission or 
                        has initiated (and within 6 months thereafter 
                        completed) all steps (in accordance with 
                        article V, paragraph 3 of the Convention 
                        establishing the Inter-American Tropical Tuna 
                        Commission) necessary to become a member of 
                        that organization;
                            ``(iii) such nation is meeting the 
                        obligations of the International Dolphin 
                        Conservation Program and the obligations of 
                        membership in the Inter-American Tropical Tuna 
                        Commission, including all financial 
                        obligations;
                            ``(iv) the total dolphin mortality 
                        permitted under the International Dolphin 
                        Conservation Program will not exceed 5,000 in 
                        1997, or in any year thereafter, consistent 
                        with the commitment and objective of 
                        progressively reducing dolphin mortality to 
                        levels approaching zero through the setting of 
                        annual limits and the goal of eliminating 
                        dolphin mortality; and
                            ``(v) the tuna or products therefrom were 
                        harvested after the effective date of the 
                        International Dolphin Conservation Program Act 
                        by vessels of a nation which participates in 
                        the International Dolphin Conservation Program, 
                        and such harvesting nation has not vetoed the 
                        participation by any other nation in such 
                        Program.''.
    (c) Acceptance of Evidence Coverage.--Section 101 (16 U.S.C. 1371) 
is amended by adding at the end the following new subsections:
    ``(d) Acceptance of Documentary Evidence.--The Secretary shall not 
accept documentary evidence referred to in section 101(a)(2)(B) as 
satisfactory proof for purposes of section 101(a)(2) if--
            ``(1) the government of the harvesting nation does not 
        provide directly or authorize the Inter-American Tropical Tuna 
        Commission to release complete and accurate information to the 
        Secretary to allow a determination of compliance with the 
        International Dolphin Conservation Program;
            ``(2) the government of the harvesting nation does not 
        provide directly or authorize the Inter-American Tropical Tuna 
        Commission to release complete and accurate information to the 
        Secretary in a timely manner for the purposes of tracking and 
        verifying compliance with the minimum requirements established 
        by the Secretary in regulations promulgated under subsection 
        (f) of the Dolphin Protection Consumer Information Act (16 
        U.S.C. 1385(f)); or
            ``(3) after taking into consideration this information, 
        findings of the Inter-American Tropical Tuna Commission, and 
        any other relevant information, including information that a 
        nation is consistently failing to take enforcement actions on 
        violations which diminish the effectiveness of the 
        International Dolphin Conservation Program, the Secretary, in 
        consultation with the Secretary of State, finds that the 
        harvesting nation is not in compliance with the International 
        Dolphin Conservation Program.
    ``(e) Exemption.--The provisions of this Act shall not apply to a 
citizen of the United States who incidentally takes any marine mammal 
during fishing operations outside the United States exclusive economic 
zone (as defined in section 3(6) of the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1802(6))) when employed on a foreign 
fishing vessel of a harvesting nation which is in compliance with the 
International Dolphin Conservation Program.''.
    (d) Annual Permits.--Section 104(h) is amended to read as follows:
    ``(h) Annual Permits.--(1) Consistent with the regulations 
prescribed pursuant to section 103 and the requirements of section 101, 
the Secretary may issue an annual permit to a United States vessel for 
the taking of such marine mammals, and shall issue regulations to cover 
the use of any such annual permits.
    ``(2) Annual permits described in paragraph (1) for the incidental 
taking of marine mammals in the course of commercial purse seine 
fishing for yellowfin tuna in the eastern tropical Pacific Ocean shall 
be governed by section 304, subject to the regulations issued pursuant 
to section 302.''.
    (e) Revisions and Funding Sources.--Section 108(a)(2) (16 U.S.C. 
1378(a)(2)) is amended as follows:
            (1) By striking ``and'' at the end of subparagraph (A).
            (2) By adding at the end the following:
                    ``(C) discussions to expeditiously negotiate 
                revisions to the Convention for the Establishment of an 
                Inter-American Tropical Tuna Commission (1 UST 230, 
                TIAS 2044) which will incorporate conservation and 
                management provisions agreed to by the nations which 
                have signed the Declaration of Panama;
                    ``(D) a revised schedule of annual contributions to 
                the expenses of the Inter-American Tropical Tuna 
                Commission that is equitable to participating nations; 
                and
                    ``(E) discussions with those countries 
                participating or likely to participate in the 
                International Dolphin Conservation Program, to identify 
                alternative sources of funds to ensure that needed 
                research and other measures benefiting effective 
                protection of dolphins, other marine species, and the 
                marine ecosystem;''.
    (f) Repeal of NAS Review.--Section 110 (16 U.S.C. 1380) is amended 
as follows:
            (1) By redesignating subsection (a)(1) as subsection (a).
            (2) By striking subsection (a)(2).
    (g) Labeling of Tuna Products.--Paragraph (1) of section 901(d) of 
the Dolphin Protection Consumer Information Act (16 U.S.C. 1385(d)(1)) 
is amended to read as follows:
    ``(1) It is a violation of section 5 of the Federal Trade 
Commission Act for any producer, importer, exporter, distributor, or 
seller of any tuna product that is exported from or offered for sale in 
the United States to include on the label of that product the term 
`Dolphin Safe' or any other term or symbol that falsely claims or 
suggests that the tuna contained in the product was harvested using a 
method of fishing that is not harmful to dolphins if the product 
contains any of the following:
            ``(A) Tuna harvested on the high seas by a vessel engaged 
        in driftnet fishing.
            ``(B) Tuna harvested in the eastern tropical Pacific Ocean 
        by a vessel using purse seine nets unless the tuna is 
        considered dolphin safe under paragraph (2).
            ``(C) Tuna harvested outside the eastern tropical Pacific 
        Ocean by a vessel using purse seine nets unless the tuna is 
        considered dolphin safe under paragraph (3).
            ``(D) Tuna harvested by a vessel engaged in any fishery 
        identified by the Secretary pursuant to paragraph (4) as having 
        a regular and significant incidental mortality of marine 
        mammals.''.
    (h) Dolphin Safe Tuna.--(1) Paragraph (2) of section 901(d) of the 
Dolphin Protection Consumer Information Act (16 U.S.C. 1385(d)(2)) is 
amended to read as follows:
    ``(2)(A) For purposes of paragraph (1)(B), a tuna product that 
contains tuna harvested in the eastern tropical Pacific Ocean by a 
vessel using purse seine nets is dolphin safe if the vessel is of a 
type and size that the Secretary has determined, consistent with the 
International Dolphin Conservation Program, is not capable of deploying 
its purse seine nets on or to encircle dolphins, or if the product 
meets the requirements of subparagraph (B).
    ``(B) For purposes of paragraph (1)(B), a tuna product that 
contains tuna harvested in the eastern tropical Pacific Ocean by a 
vessel using purse seine nets is dolphin safe if the product is 
accompanied by a written statement executed by the captain of the 
vessel which harvested the tuna certifying that no dolphins were killed 
during the sets in which the tuna were caught and the product is 
accompanied by a written statement executed by--
            ``(i) the Secretary or the Secretary's designee;
            ``(ii) a representative of the Inter-American Tropical Tuna 
        Commission; or
            ``(iii) an authorized representative of a participating 
        nation whose national program meets the requirements of the 
        International Dolphin Conservation Program,
which states that there was an observer approved by the International 
Dolphin Conservation Program on board the vessel during the entire trip 
and documents that no dolphins were killed during the sets in which the 
tuna concerned were caught.
    ``(C) The statements referred to in clauses (i), (ii), and (iii) of 
subparagraph (B) shall be valid only if they are endorsed in writing by 
each exporter, importer, and processor of the product, and if such 
statements and endorsements comply with regulations promulgated by the 
Secretary which would provide for the verification of tuna products as 
dolphin safe.''.
    (2) Subsection (d) of section 901 of the Dolphin Protection 
Consumer Information Act (16 U.S.C. 1385(d)) is amended by adding the 
following new paragraphs at the end thereof:
    ``(3) For purposes of paragraph (1)(C), tuna or a tuna product that 
contains tuna harvested outside the eastern tropical Pacific Ocean by a 
vessel using purse seine nets is dolphin safe if--
            ``(A) it is accompanied by a written statement executed by 
        the captain of the vessel certifying that no purse seine net 
        was intentionally deployed on or to encircle dolphins during 
        the particular voyage on which the tuna was harvested; or
            ``(B) in any fishery in which the Secretary has determined 
        that a regular and significant association occurs between 
        marine mammals and tuna, it is accompanied by a written 
        statement executed by the captain of the vessel and an 
        observer, certifying that no purse seine net was intentionally 
        deployed on or to encircle marine mammals during the particular 
        voyage on which the tuna was harvested.
    ``(4) For purposes of paragraph (1)(D), tuna or a tuna product that 
contains tuna harvested in a fishery identified by the Secretary as 
having a regular and significant incidental mortality or serious injury 
of marine mammals is dolphin safe if it is accompanied by a written 
statement executed by the captain of the vessel and, where determined 
to be practicable by the Secretary, an observer participating in a 
national or international program acceptable to the Secretary 
certifying that no marine mammals were killed in the course of the 
fishing operation or operations in which the tuna were caught.
    ``(5) No tuna product may be labeled with any reference to 
dolphins, porpoises, or marine mammals, unless such product is labeled 
as dolphin safe in accordance with this subsection.''.
    (i) Tracking and Verification.--Subsection (f) of section 901 of 
the Dolphin Protection Consumer Information Act (16 U.S.C. 1385(f)) is 
amended to read as follows:
    ``(f) Tracking and Verification.--The Secretary, in consultation 
with the Secretary of the Treasury, shall issue regulations to 
implement subsection (d) not later than 3 months after the date of 
enactment of the International Dolphin Conservation Program Act. In the 
development of these regulations, the Secretary shall establish 
appropriate procedures for ensuring the confidentiality of proprietary 
information the submission of which is voluntary or mandatory. Such 
regulations shall, consistent with international efforts and in 
coordination with the Inter-American Tropical Tuna Commission, 
establish a domestic and international tracking and verification 
program that provides for the effective tracking of tuna labeled under 
subsection (d), including but not limited to each of the following:
            ``(1) Specific regulations and provisions addressing the 
        use of weight calculation for purposes of tracking tuna caught, 
        landed, processed, and exported.
            ``(2) Additional measures to enhance observer coverage if 
        necessary.
            ``(3) Well location and procedures for monitoring, 
        certifying, and sealing holds above and below deck or other 
        equally effective methods of tracking and verifying tuna 
        labeled under subsection (d).
            ``(4) Reporting receipt of and database storage of radio 
        and facsimile transmittals from fishing vessels containing 
        information related to the tracking and verification of tuna, 
        and the definition of sets.
            ``(5) Shore-based verification and tracking throughout the 
        transshipment and canning process by means of Inter-American 
        Tropical Tuna Commission trip records or otherwise.
            ``(6) Provisions for annual audits and spot checks for 
        caught, landed, and processed tuna products labeled in 
        accordance with subsection (d).
            ``(7) The provision of timely access to data required under 
        this subsection by the Secretary from harvesting nations to 
        undertake the actions required in paragraph (6) of this 
        subsection.''.

SEC. 5. AMENDMENTS TO TITLE III.

    (a) Heading.--The heading of title III is amended to read as 
follows:

       ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM''.

    (b) Findings.--Section 301 (16 U.S.C. 1411) is amended as follows:
            (1) In subsection (a), by amending paragraph (4) to read as 
        follows:
            ``(4) Nations harvesting yellowfin tuna in the eastern 
        tropical Pacific Ocean have demonstrated their willingness to 
        participate in appropriate multilateral agreements to reduce, 
        with the goal of eliminating, dolphin mortality in that 
        fishery. Recognition of the International Dolphin Conservation 
        Program will assure that the existing trend of reduced dolphin 
        mortality continues; that individual stocks of dolphins are 
        adequately protected; and that the goal of eliminating all 
        dolphin mortality continues to be a priority.''.
            (2) In subsection (b), by amending paragraphs (2) and (3) 
        to read as follows:
            ``(2) support the International Dolphin Conservation 
        Program and efforts within the Program to reduce, with the goal 
        of eliminating, the mortality referred to in paragraph (1);
            ``(3) ensure that the market of the United States does not 
        act as an incentive to the harvest of tuna caught with 
        driftnets or caught by purse seine vessels in the eastern 
        tropical Pacific Ocean that are not operating in compliance 
        with the International Dolphin Conservation Program;''.
    (c) International Dolphin Conservation Program.--Section 302 (16 
U.S.C. 1412) is amended to read as follows:

``SEC. 302. AUTHORITY OF THE SECRETARY.

    ``(a) Regulations To Implement Program Regulations.--(1) The 
Secretary shall issue regulations to implement the International 
Dolphin Conservation Program.
    ``(2)(A) Not later than 3 months after the date of enactment of 
this section, the Secretary shall issue regulations to authorize and 
govern the incidental taking of marine mammals in the eastern tropical 
Pacific Ocean, including any species of marine mammal designated as 
depleted under this Act but not listed as endangered or threatened 
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), by 
vessels of the United States participating in the International Dolphin 
Conservation Program.
    ``(B) Regulations issued under this section shall include 
provisions--
            ``(i) requiring observers on each vessel;
            ``(ii) requiring use of the backdown procedure or other 
        procedures equally or more effective in avoiding mortality of 
        marine mammals in fishing operations;
            ``(iii) prohibiting intentional deployment of nets on, or 
        encirclement of, dolphins in violation of the International 
        Dolphin Conservation Program;
            ``(iv) requiring the use of special equipment, including 
        dolphin safety panels in nets, monitoring devices as identified 
        by the International Dolphin Conservation Program, as 
        practicable, to detect unsafe fishing conditions before nets 
        are deployed by a tuna vessel, operable rafts, speedboats with 
        towing bridles, floodlights in operable condition, and diving 
        masks and snorkels;
            ``(v) ensuring that the backdown procedure during the 
        deployment of nets on, or encirclement of, dolphins is 
        completed and rolling of the net to sack up has begun no later 
        than 30 minutes after sundown;
            ``(vi) banning the use of explosive devices in all purse 
        seine operations;
            ``(vii) establishing per vessel maximum annual dolphin 
        mortality limits, total dolphin mortality limits and per-stock 
        per-year mortality limits, in accordance with the International 
        Dolphin Conservation Program;
            ``(viii) preventing the intentional deployment of nets on, 
        or encirclement of, dolphins after reaching either the vessel 
        maximum annual dolphin mortality limits, total dolphin 
        mortality limits, or per-stock per-year mortality limits;
            ``(ix) preventing the fishing on dolphins by a vessel 
        without an assigned vessel dolphin mortality limit;
            ``(x) allowing for the authorization and conduct of 
        experimental fishing operations, under such terms and 
        conditions as the Secretary may prescribe, for the purpose of 
        testing proposed improvements in fishing techniques and 
        equipment (including new technology for detecting unsafe 
        fishing conditions before nets are deployed by a tuna vessel) 
        that may reduce or eliminate dolphin mortality or do not 
        require the encirclement of dolphins in the course of 
        commercial yellowfin tuna fishing;
            ``(xi) authorizing fishing within the area covered by the 
        International Dolphin Conservation Program by vessels of the 
        United States without the use of special equipment or nets if 
        the vessel takes an observer and does not intentionally deploy 
        nets on, or encircle, dolphins, under such terms and conditions 
        as the Secretary may prescribe; and
            ``(xii) containing such other restrictions and requirements 
        as the Secretary determines are necessary to implement the 
        International Dolphin Conservation Program with respect to 
        vessels of the United States.
    ``(C) The Secretary may make such adjustments as may be appropriate 
to the requirements of subparagraph (B) that pertain to fishing gear, 
vessel equipment, and fishing practices to the extent the adjustments 
are consistent with the International Dolphin Conservation Program.
    ``(b) Consultation.--In developing regulations under this section, 
the Secretary shall consult with the Secretary of State, the Marine 
Mammal Commission and the United States Commissioners to the Inter-
American Tropical Tuna Commission appointed under section 3 of the Tuna 
Conventions Act of 1950 (16 U.S.C. 952).
    ``(c) Emergency Regulations.--(1) If the Secretary determines, on 
the basis of the best scientific information available (including that 
obtained under the International Dolphin Conservation Program) that the 
incidental mortality and serious injury of marine mammals authorized 
under this title is having, or is likely to have, a significant adverse 
effect on a marine mammal stock or species, the Secretary shall take 
actions as follows--
            ``(A) notify the Inter-American Tropical Tuna Commission of 
        the Secretary's findings, along with recommendations to the 
        Commission as to actions necessary to reduce incidental 
        mortality and serious injury and mitigate such adverse impact; 
        and
            ``(B) prescribe emergency regulations to reduce incidental 
        mortality and serious injury and mitigate such adverse impact.
    ``(2) Prior to taking action under paragraph (1) (A) or (B), the 
Secretary shall consult with the Secretary of State, the Marine Mammal 
Commission, and the United States Commissioners to the Inter-American 
Tropical Tuna Commission.
    ``(3) Emergency regulations prescribed under this subsection--
            ``(A) shall be published in the Federal Register, together 
        with an explanation thereof; and
            ``(B) shall remain in effect for the duration of the 
        applicable fishing year; and
The Secretary may terminate such emergency regulations at a date 
earlier than that required by subparagraph (B) by publication in the 
Federal Register of a notice of termination, if the Secretary 
determines that the reasons for the emergency action no longer exist.
    ``(4) If the Secretary finds that the incidental mortality and 
serious injury of marine mammals in the yellowfin tuna fishery in the 
eastern tropical Pacific Ocean is continuing to have a significant 
adverse impact on a stock or species, the Secretary may extend the 
emergency regulations for such additional periods as may be necessary.
    ``(d) Research.--The Secretary shall, in cooperation with the 
nations participating in the International Dolphin Conservation Program 
and with the Inter-American Tropical Tuna Commission, undertake or 
support appropriate scientific research to further the goals of the 
International Dolphin Conservation Program. Such research may include 
but shall not be limited to any of the following:
            ``(1) Devising cost-effective fishing methods and gear so 
        as to reduce, with the goal of eliminating, the incidental 
        mortality and serious injury of marine mammals in connection 
        with commercial purse seine fishing in the eastern tropical 
        Pacific Ocean.
            ``(2) Developing cost-effective methods of fishing for 
        mature yellowfin tuna without deployment of nets on, or 
        encirclement of, dolphins or other marine mammals.
            ``(3) Carrying out stock assessments for those marine 
        mammal species and marine mammal stocks taken in the purse 
        seine fishery for yellowfin tuna in the eastern tropical 
        Pacific Ocean, including species or stocks not within waters 
        under the jurisdiction of the United States.
            ``(4) Studying the effects of chase and encirclement on the 
        health and biology of dolphin and individual dolphin 
        populations incidentally taken in the course of purse seine 
        fishing for yellowfin tuna in the eastern tropical Pacific 
        Ocean. There are authorized to be appropriated to the 
        Department of Commerce $1,000,000 to be used by the Secretary, 
        acting through the National Marine Fisheries Service, to carry 
        out this paragraph. Upon completion of the study, the Secretary 
        shall submit a report containing the results of the study, 
        together with recommendations, to the Congress and to the 
        Inter-American Tropical Tuna Commission.
            ``(5) Determining the extent to which the incidental take 
        of nontarget species, including juvenile tuna, occurs in the 
        course of purse seine fishing for yellowfin tuna in the eastern 
        tropical Pacific Ocean, the geographic location of the 
        incidental take, and the impact of that incidental take on tuna 
        stocks, and nontarget species.
The Secretary shall include a description of the annual results of 
research carried out under this subsection in the report required under 
section 303.''.
    (d) Reports.--Section 303 (16 U.S.C. 1414) is amended to read as 
follows:

``SEC. 303. REPORTS BY THE SECRETARY.

    ``Notwithstanding section 103(f), the Secretary shall submit an 
annual report to the Congress which includes each of the following:
            ``(1) The results of research conducted pursuant to section 
        302.
            ``(2) A description of the status and trends of stocks of 
        tuna.
            ``(3) A description of the efforts to assess, avoid, 
        reduce, and minimize the bycatch of juvenile yellowfin tuna and 
        other nontarget species.
            ``(4) A description of the activities of the International 
        Dolphin Conservation Program and of the efforts of the United 
        States in support of the Program's goals and objectives, 
        including the protection of dolphin populations in the eastern 
        tropical Pacific Ocean, and an assessment of the effectiveness 
        of the Program.
            ``(5) Actions taken by the Secretary under subsections 
        (a)(2)(B) and (d) of section 101.
            ``(6) Copies of any relevant resolutions and decisions of 
        the Inter-American Tropical Tuna Commission, and any 
        regulations promulgated by the Secretary under this title.
            ``(7) Any other information deemed relevant by the 
        Secretary.''.
    (e) Permits.--Section 304 (16 U.S.C. 1416) is amended to read as 
follows:

``SEC. 304. PERMITS.

    ``(a) In General.--(1) Consistent with section 302, the Secretary 
is authorized to issue a permit to a vessel of the United States 
authorizing participation in the International Dolphin Conservation 
Program and may require a permit for the person actually in charge of 
and controlling the fishing operation of the vessel. The Secretary 
shall prescribe such procedures as are necessary to carry out this 
subsection, including, but not limited to, requiring the submission 
of--
            ``(A) the name and official number or other identification 
        of each fishing vessel for which a permit is sought, together 
        with the name and address of the owner thereof; and
            ``(B) the tonnage, hold capacity, speed, processing 
        equipment, and type and quantity of gear, including an 
        inventory of special equipment required under section 302, with 
        respect to each vessel.
    ``(2) The Secretary is authorized to charge a fee for issuing a 
permit under this section. The level of fees charged under this 
paragraph may not exceed the administrative cost incurred in granting 
an authorization and issuing a permit. Fees collected under this 
paragraph shall be available, subject to appropriations, to the Under 
Secretary of Commerce for Oceans and Atmosphere for expenses incurred 
in issuing permits under this section.
    ``(3) After the effective date of the International Dolphin 
Conservation Program Act, no vessel of the United States shall operate 
in the yellowfin tuna fishery in the eastern tropical Pacific Ocean 
without a valid permit issued under this section.
    ``(b) Permit Sanctions.--(1) In any case in which--
            ``(A) a vessel for which a permit has been issued under 
        this section has been used in the commission of an act 
        prohibited under section 305;
            ``(B) the owner or operator of any such vessel or any other 
        person who has applied for or been issued a permit under this 
        section has acted in violation of section 305; or
            ``(C) any civil penalty or criminal fine imposed on a 
        vessel, owner or operator of a vessel, or other person who has 
        applied for or been issued a permit under this section has not 
        been paid or is overdue, the Secretary may--
                    ``(i) revoke any permit with respect to such 
                vessel, with or without prejudice to the issuance of 
                subsequent permits;
                    ``(ii) suspend such permit for a period of time 
                considered by the Secretary to be appropriate;
                    ``(iii) deny such permit; or
                    ``(iv) impose additional conditions or restrictions 
                on any permit issued to, or applied for by, any such 
                vessel or person under this section.
    ``(2) In imposing a sanction under this subsection, the Secretary 
shall take into account--
            ``(A) the nature, circumstances, extent, and gravity of the 
        prohibited acts for which the sanction is imposed; and
            ``(B) with respect to the violator, the degree of 
        culpability, any history of prior offenses, and other such 
        matters as justice requires.
    ``(3) Transfer of ownership of a vessel, by sale or otherwise, 
shall not extinguish any permit sanction that is in effect or is 
pending at the time of transfer of ownership. Before executing the 
transfer of ownership of a vessel, by sale or otherwise, the owner 
shall disclose in writing to the prospective transferee the existence 
of any permit sanction that will be in effect or pending with respect 
to the vessel at the time of transfer.
    ``(4) In the case of any permit that is suspended for the failure 
to pay a civil penalty or criminal fine, the Secretary shall reinstate 
the permit upon payment of the penalty or fine and interest thereon at 
the prevailing rate.
    ``(5) No sanctions shall be imposed under this section unless there 
has been a prior opportunity for a hearing on the facts underlying the 
violation for which the sanction is imposed, either in conjunction with 
a civil penalty proceeding under this title or otherwise.''.
    (f) Prohibitions.--Section 305 is repealed and section 307 (16 
U.S.C. 1417) is redesignated as section 305, and amended as follows:
            (1) In subsection (a):
                    (A) By amending paragraph (1) to read as follows:
            ``(1) for any person to sell, purchase, offer for sale, 
        transport, or ship, in the United States, any tuna or tuna 
        product unless the tuna or tuna product is either dolphin safe 
        or has been harvested in compliance with the International 
        Dolphin Conservation Program by a country that is a member of 
        the Inter-American Tropical Tuna Commission or has initiated 
        steps, in accordance with Article V, paragraph 3 of the 
        Convention establishing the Inter-American Tropical Tuna 
        Commission, to become a member of that organization;''.
                    (B) By amending paragraph (2) to read as follows:
            ``(2) except in accordance with this title and regulations 
        issued pursuant to this title as provided for in subsection 
        101(e), for any person or vessel subject to the jurisdiction of 
        the United States intentionally to set a purse seine net on or 
        to encircle any marine mammal in the course of tuna fishing 
        operations in the eastern tropical Pacific Ocean; or''.
                    (C) By amending paragraph (3) to read as follows:
            ``(3) for any person to import any yellowfin tuna or 
        yellowfin tuna product or any other fish or fish product in 
        violation of a ban on importation imposed under section 
        101(a)(2);''.
            (2) In subsection (b)(2), by inserting ``(a)(5) and'' 
        before ``(a)(6)''.
            (3) By striking subsection (d).
    (g) Repeal.--Section 306 is repealed and section 308 (16 U.S.C. 
1418) is redesignated as section 306, and amended by striking ``303'' 
and inserting in lieu thereof ``302(d)''.
    (h) Clerical Amendments.--The table of contents in the first 
section of the Marine Mammal Protection Act of 1972 is amended by 
striking the items relating to title III and inserting in lieu thereof 
the following:

        ``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM

``Sec. 301. Findings and policy.
``Sec. 302. Authority of the Secretary.
``Sec. 303. Reports by the Secretary.
``Sec. 304. Permits.
``Sec. 305. Prohibitions.
``Sec. 306. Authorization of appropriations.''.

SEC. 6. AMENDMENTS TO THE TUNA CONVENTIONS ACT OF 1950.

    (a) Membership.--Section 3(c) of the Tuna Conventions Act of 1950 
(16 U.S.C. 952(c)) is amended to read as follows:
            ``(c) at least one shall be either the Director, or an 
        appropriate regional director, of the National Marine Fisheries 
        Service; and''.
    (b) General Advisory Committee and Scientific Advisory 
Subcommittee.--Section 4 of the Tuna Conventions Act of 1950 (16 U.S.C. 
953) is amended to read as follows:

``SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
              SUBCOMMITTEE.

    ``The Secretary, in consultation with the United States 
Commissioners, shall:
            ``(1) Appoint a General Advisory Committee which shall be 
        composed of not less than 5 nor more than 15 persons with 
        balanced representation from the various groups participating 
        in the fisheries included under the conventions, and from 
        nongovernmental conservation organizations. The General 
        Advisory Committee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States sections 
        and shall be given full opportunity to examine and to be heard 
        on all proposed programs of investigations, reports, 
        recommendations, and regulations of the commission. The General 
        Advisory Committee may attend all meetings of the international 
        commissions to which they are invited by such commissions.
            ``(2) Appoint a Scientific Advisory Subcommittee which 
        shall be composed of not less than 5 nor more than 15 qualified 
        scientists with balanced representation from the public and 
        private sectors, including nongovernmental conservation 
        organizations. The Scientific Advisory Subcommittee shall 
        advise the General Advisory Committee and the Commissioners on 
        matters including the conservation of ecosystems; the 
        sustainable uses of living marine resources related to the tuna 
        fishery in the eastern Pacific Ocean; and the long-term 
        conservation and management of stocks of living marine 
        resources in the eastern tropical Pacific Ocean. In addition, 
        the Scientific Advisory Subcommittee shall, as requested by the 
        General Advisory Committee, the United States Commissioners or 
        the Secretary, perform functions and provide assistance 
        required by formal agreements entered into by the United States 
        for this fishery, including the International Dolphin 
        Conservation Program. These functions may include each of the 
        following:
                    ``(A) The review of data from the Program, 
                including data received from the Inter-American 
                Tropical Tuna Commission.
                    ``(B) Recommendations on research needs, including 
                ecosystems, fishing practices, and gear technology 
                research, including the development and use of 
                selective, environmentally safe and cost-effective 
                fishing gear, and on the coordination and facilitation 
                of such research.
                    ``(C) Recommendations concerning scientific reviews 
                and assessments required under the Program and 
                engaging, as appropriate, in such reviews and 
                assessments.
                    ``(D) Consulting with other experts as needed.
                    ``(E) Recommending measures to assure the regular 
                and timely full exchange of data among the parties to 
                the Program and each nation's National Scientific 
                Advisory Committee (or equivalent).
            ``(3) Establish procedures to provide for appropriate 
        public participation and public meetings and to provide for the 
        confidentiality of confidential business data. The Scientific 
        Advisory Subcommittee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States sections 
        and the General Advisory Subcommittee and shall be given full 
        opportunity to examine and to be heard on all proposed programs 
        of scientific investigation, scientific reports, and scientific 
        recommendations of the commission. Representatives of the 
        Scientific Advisory Subcommittee may attend meetings of the 
        Inter-American Tropical Tuna Commission in accordance with the 
        rules of such Commission.
            ``(4) Fix the terms of office of the members of the General 
        Advisory Committee and Scientific Advisory Subcommittee, who 
        shall receive no compensation for their services as such 
        members.''.
    (c) Bycatch Reduction.--The Tuna Conventions Act of 1950 (16 U.S.C. 
951 et seq.) is amended by adding at the end the following new section:

          ``reduction of bycatch in eastern tropical pacific ocean

    ``Sec. 15. The Secretary of State, acting through the United States 
Commissioners, should take the necessary steps to establish standards 
and measures for a bycatch reduction program for vessels fishing for 
yellowfin tuna in the eastern tropical Pacific Ocean. The program shall 
include to the extent practicable--
            ``(1) that sea turtles and other threatened species and 
        endangered species are released alive, to the maximum extent 
        practicable;
            ``(2) measures to reduce, to the maximum extent 
        practicable, the harvest of nontarget species;
            ``(3) measures to reduce, to the maximum extent 
        practicable, the mortality of nontarget species; and
            ``(4) measures to reduce, to the maximum extent 
        practicable, the mortality of juveniles of the target 
        species.''.

SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS.

    It is the sense of the Congress that each nation participating in 
the International Dolphin Conservation Program should contribute an 
equitable amount to the expenses of the Inter-American Tropical Tuna 
Commission. Such contributions shall take into account the number of 
vessels from that nation fishing for tuna in the eastern tropical 
Pacific Ocean, the consumption of tuna and tuna products from the 
eastern tropical Pacific Ocean and other relevant factors as determined 
by the Secretary.

SEC. 8. POLAR BEAR PERMITS.

    Paragraph (5) of section 104(c) of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1374(c)(5)) is amended as follows:
            (1) In subparagraph (A), by striking ``, including polar 
        bears taken but not imported prior to the date of enactment of 
        the Marine Mammal Protection Act Amendments of 1994,''.
            (2) By adding the following new subparagraph at the end 
        thereof:
            ``(D) The Secretary of the Interior shall, expeditiously 
        after the expiration of the applicable 30-day period under 
        subsection (d)(2), issue a permit for the importation of polar 
        bear parts (other than internal organs) from polar bears taken 
        in sport hunts in Canada before the date of enactment of the 
        Marine Mammal Protection Act Amendments of 1994, to each 
        applicant who submits, with the permit application, proof that 
        the polar bear was legally harvested in Canada by the 
        applicant. The Secretary shall issue such permits without 
        regard to the provisions of subparagraphs (A) and (C)(ii) of 
        this paragraph, subsection (d)(3) of this section, and sections 
        101 and 102. This subparagraph shall not apply to polar bear 
        parts that were imported before the effective date of this 
        subparagraph''.

SEC. 9. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act shall take effect upon certification by 
the Secretary of State to the Congress that a binding resolution of the 
Inter-American Tropical Tuna Commission, or another legally binding 
instrument, establishing the International Dolphin Conservation Program 
has been adopted and is in effect.
    (b) Provisions Effective Upon Enactment.--Section 8 and this 
section shall take effect on the date of enactment of this Act.

            Passed the House of Representatives May 21, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.